File photo-Tom Phelps-November 9, 2024
BY MIKE PETTINELLA
For Video News Service
The former Department of Public Works director for the City of Batavia is hoping to be heard by City Council in an effort to get his job back.
“I am asking for that opportunity so I can defend my actions, answer questions directly to council members and request fair consideration regarding my reinstatement. In front of more than just one body of judgment,” said Tom Phelps, in a text message sent out on Saturday morning.
Phelps said he was referring to City Manager Rachael Tabelski as the “one body of judgment.”
He was hired by the city in 2019 and promoted to DPW director in October 2024. He was placed on administrative leave in May and, subsequently, entered into a separation agreement with the municipality.
Phelps confirmed that the separation agreement includes a provision that he is not to speak against the city and that he would receive health insurance through Nov. 30 – with a severance package (including accrued vacation time) of $30,630.49.
The DPW director responsibilities have been handled by Tabelski and Assistant Manager Shawn Heubusch for the past several weeks.
The complete Phelps’ text is as follows:
“I believe every employee deserves the opportunity to respond to concerns before decisions affecting their career and reputation are finalized. I am asking for that opportunity so I can defend my actions, answer questions directly to council members and request fair consideration regarding my reinstatement. In front of more than just one body of judgment.
“Before this, I have never been put on a performance improvement plan, been written up or disciplined. Several past and present employees and business professionals have commented positively on my professionalism, work ethic and decision making along with the ability to bring the departments together and accomplish more in house.
“My hope would be to return to my job and contribute constructively toward transparency, accountability and public confidence in city government. I remain committed to working collaboratively with other city leadership to help move the city community in a positive direction while ensuring that decisions are based on accurate information, responsible stewardship of public resources and the best interests of the citizens we serve.
“The city should not be about personal conflict. It is about transparency, accountability, responsible governance and ensuring that the city is moving in the right direction for the benefit of all its residents.”
He said that due to the separation agreement, all he can do is request to get his job back.
Previously:
Everyone deserves the right to speak about what they feel is “a wrong done against them”
If this person is a good employee, does their job, represents his company in a good manner, and doesn’t refuse to what they are told to do (except where an issue of Law is concerned) then I believe they have the right to ask for further review of their situation.
If their particular situation stems from a personal conflicts then any action should be reviewed, thoroughly explained to all parties, and set aside. No person likes everyone they work with or for. And city officials should want full transparency, not a semi-private deal that leaves to much room for speculation by the public.